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V1338-26 2 June 2026 · SG de Fiscalidad Internacional Criterion in force
IRNR · rendimientos del trabajo

2% tax rate applicable to foreign workers on fixed or fixed-terminated contracts

The DGT confirms that both fixed-term and fixed-terminated contracts may qualify for the reduced 2% tax rate for seasonal foreign workers, provided legal requirements are met.

The question raised

Question raised

The DGT's ruling

To apply the 2% rate under Article 25.1.g) of the TRLIRNR, four conditions must be met: they must be non-resident natural persons, the contract must allow for seasonal or campaign work of a fixed duration, they must be foreign workers, and the contracts must comply with labor regulations. This includes both fixed-term contracts (Art. 15.2 ET) and permanent intermittent contracts (Art. 16 ET), even when immigration regulations require the latter for the seasonal activities regime.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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